Richardson v. Arrington

Movant appeals from denial of a Rule 60 (b) A.R.Civ.P. motion to set aside a default judgment for failure of proper service.

Facts

Plaintiff filed suit against defendant in February 1980, claiming causes of action for quieting title to real property and damages for trespass to realty. Service of the summons and complaint was attempted by registered mail upon defendant at his address in Atlanta, Georgia. Two efforts at delivery were made unsuccessfully. Return was made showing that the letter was unclaimed by addressee. Affidavit was made by counsel for plaintiff stating that certified notice…